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After the expiration of the 70-year property right of the house, it is still owned. Because 70 years refers to the tenure of the land, it will be automatically renewed when it expires, and the land can continue to be used after the renewal fee is paid. As follows:
1. The house is owned permanently, so the house book is written as the house ownership certificate. The land belongs to the state, and we only have the right to use, so we get a land use certificate, and the service life is 70 years.
After the year, if the house is still there, you can go to the Land Management Bureau to renew the land transfer fee and continue to use the land.
3. If the first plan is to demolish the house, it will be compensated to the owner.
Relevant Legal Basis.
Article 41 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights stipulates that land users may apply for renewal upon the expiration of land use rights. If it is necessary to renew the term, the contract shall be re-signed in accordance with the provisions of Chapter II of these Regulations, the land use right transfer fee shall be paid, and the registration shall be completed.
The first paragraph of Article 359 of the Civil Code stipulates that if the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.
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When the 70-year property right period of the house is up, what should I do, is the house still my own?
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After 70 years, you need to go to the housing authority to re-register, buy, China's house is too pit, the property right is 70 years and the life of the house is only 10 years, and there is only the right to use, no right to own, I really don't know where to live after the year.
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1. After 70 years of real estate rights, they still belong to themselves. Residential land for 70 years, after the expiration of the 70-year land use period, the land is nationalized, and the above-ground buildings still belong to the owners. If you apply for land use right again, you should pay the land transfer fee according to the land price level at that time.
2. Legal basis: Article 359 of the Civil Code of the People's Republic of China.
If the period of authority to use land for residential construction expires, it shall be automatically renewed. The renewal of the right to use land for non-residential construction after the expiration shall be handled in accordance with the provisions of law. If there is an agreement on the ownership of houses and other immovable properties on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.
Article 61 of the Law on the Administration of Urban Real Estate.
To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
2. How to calculate the 70-year property right of the house.
The land tenure of residential land is 70 years from the date of acquisition of the land. 70 years refers to the tenure of the state-owned land of the plot, not the tenure of the house. The starting and ending years of the land use right shall be subject to the date agreed in the land transfer contract signed by the land transferor and the transferee, regardless of the date of the pre-sale contract signed between you and the developer.
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Legal analysis: the house will still belong to you after the expiration of 70 years of property rights. The term of the property right of the house is the time period of the land occupied by the house, the land is owned by the state, and the individual only has the right to use, but the house on the land is owned by the individual and has ownership.
A house with a 70-year property right is a residential land and will be automatically renewed upon expiration.
Legal basis: "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 12 The maximum term of land use right transfer shall be determined according to the following purposes:
1) Residential land for 70 years;
2) 50 years of industrial land;
3) 50 years of land for education, science and technology, culture, health, and sports;
4) Commercial, tourism and entertainment land for 40 years;
5) Fifty years for comprehensive or other land use.
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